The rights of trademark owners mainly include the exclusive right, prohibition right and transfer right of registered trademarks.
(a) the exclusive right to use
The right to exclusive use is the most important content of trademark right, and it is also the most basic core right in trademark right. Its legal feature is that the trademark owner can exclusively use the approved trademark on the approved goods and obtain other legitimate rights and interests through use.
The right to exclusive use is relative and can only be used within the scope prescribed by law. Article 5 1 of China's Trademark Law stipulates that the exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use. That is, registered trademarks can only be used on goods or services approved at the time of registration, and cannot be better than similar goods or services; The owner of a trademark shall not change the mark that constitutes a registered trademark without authorization, nor shall he use a trademark similar to the registered trademark.
(2) Prohibition right
Prohibition means that the owner of a registered trademark has the right to prohibit others from using the same or similar trademark on the same or similar goods or services without his permission. Trademark right and property ownership have the same attribute, that is, exclusiveness without interference from others, which is manifested in the prohibition of illegal use and printing of registered trademarks by others. Therefore, exclusive right and prohibition right are two aspects of trademark right.
The difference between the right to use and the right to prohibit lies in the different scope of their effectiveness. The right to use relates to the registrant's use of the registered trademark, and the right to prohibit relates to the problem of confronting others to use the registered trademark without their permission. According to the provisions of China's Trademark Law, the exclusive right of a registrant is limited to the registered trademark and the goods approved for use. In other words, the registrant's exercise of the right to use is restricted by two aspects: first, it is limited to the goods approved by the trademark authority and cannot be used for other similar goods; Second, it is limited to the words and graphics approved and registered by the competent trademark authority, and similar words and graphics cannot be used beyond the approved scope. However, the scope of prohibition is different. The registrant has the right to prohibit others from using the same or similar trademarks on the same or similar goods without permission. In other words, the effectiveness of the prohibition right involves the following four situations: first, the use of the same trademark on the same commodity; Second, using similar trademarks on the same kind of goods; Third, use the same trademark on similar goods; Fourth, use similar trademarks on similar goods.
(3) Permission right
Licensing right refers to the right of the owner of a registered trademark to license others to use his registered trademark by signing a licensing contract. Licensing is a way for trademark owners to exercise their rights. Licensor is the owner of the registered trademark, and licensee has the right to use the registered trademark within the scope and time stipulated in the contract after paying the trademark use fee according to the contract. In essence, the work permit system is of positive significance for enterprises to develop horizontal alliances, give play to their advantages, expand the production of brand-name goods, actively circulate them, meet the needs of consumers, and improve social and economic benefits.
(4) Transfer right
Transfer means that the owner of a registered trademark transfers his trademark right to others under certain conditions. Transferring trademark rights is a way for trademark owners to exercise their rights. After the transfer of the trademark right, the transferee obtains the ownership of the registered trademark, and the original trademark owner loses the exclusive right to use the trademark, that is, the trademark right is transferred from one subject to another. The transfer of a registered trademark shall be signed by both parties, and an application shall be submitted to the Trademark Office at the same time, which shall be valid only after it is approved and announced by the Trademark Office.
Question 2: What does the exclusive right to use a trademark mean? definition
1, the concept of exclusive right to use a trademark. The exclusive right to use a trademark refers to the exclusive right of the trademark owner to use his registered trademark according to law. Article 3 of the Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
2, the content of the exclusive right to use a trademark.
The content of the right to exclusive use of a trademark refers to the rights enjoyed by a trademark registrant according to law, including the right to exclusive use, prohibition, transfer, license and renewal of a registered trademark. The most important thing is the exclusive right and the prohibition right. The exclusive right to use a trademark refers to the right of a trademark registrant to use its registered trademark on the goods or services approved by the State Trademark Office. Trademark prohibition right means that the trademark registrant prohibits other units and individuals from using the same or similar trademarks with the registered trademarks on the same or similar goods or services approved by them without permission.
Trademark law and its implementing rules Trademark law is the basic law to protect the exclusive right to use a trademark. It was formulated by the NPC Standing Committee, the highest legislature in China, and came into effect in June 05438+March 06438+October 0983/KLOC-0, trying to make the application, examination, registration and protection of trademark registration in line with international standards. In order to further intensify the crackdown on trademark infringement and counterfeiting, the China legislature revised the law in 1993, and included the protection of service trademarks in the scope of adjustment of the law. Matching the Trademark Law is the Detailed Rules for the Implementation of the Trademark Law promulgated by the State Council.
content
Other laws on the protection of the exclusive right to use a trademark In other laws, there are also contents on the protection of the exclusive right to use a trademark. These laws mainly include general principles of civil law, criminal law and anti-unfair competition law. The General Principles of the Civil Law stipulates the nature of trademark rights and the civil legal liability for infringement of trademark rights. The Criminal Law stipulates the constitutive requirements of trademark crime and the corresponding punishment. The focus of the anti-unfair competition law is trademark counterfeiting.
administrative laws and regulations
After the promulgation and implementation of administrative regulations and other normative documents "Trademark Law", the State Administration for Industry and Commerce has formulated a number of supporting administrative regulations. There are mainly Measures for the Administration of Trademark Printing, Interim Provisions on the Recognition and Administration of Well-known Trademarks, Several Provisions on the Administration of Enterprise Trademarks, Measures for the Administration of Trademark Agents, and so on. The State Administration for Industry and Commerce and the Trademark Office have also formulated many normative documents for the problems that are not clearly stipulated in the Trademark Law but need to be solved urgently in administrative law enforcement, including the settlement of legal conflicts between trademark rights and enterprise name rights, the protection of service trademarks and administrative law enforcement measures.
laws and regulations
Local laws and regulations These laws and regulations were formulated by the local legislature and * * * in accordance with the relevant spirit of the Trademark Law and in combination with local work practice. It mainly involves the protection of trademark exclusive right, cracking down on counterfeit and shoddy goods, and the identification of local famous trademarks.
Relevant international conventions, multilateral and bilateral agreements, including the Paris Convention for the Protection of Industrial Property, the Madrid Agreement, the relevant protocols to the Madrid Agreement, the Nice Agreement and other international conventions, as well as bilateral or multilateral agreements on intellectual property protection signed by China and the United States.
Question 3: What does the trademark right mean? Trademark right is the abbreviation of exclusive right to use a trademark, which means that the trademark authority grants the trademark owner the exclusive right to protect his registered trademark with national laws according to law. The rights of a trademark registrant to control its registered trademark according to law and prohibit others from infringing on it, including the right of exclusive use, income, disposition, renewal and prohibition of others' infringement of its registered trademark. A trademark is a commercial symbol used to distinguish goods and services from different sources. It consists of words, graphics, letters, numbers, three-dimensional symbols, color combinations or combinations of the above elements.
The acquisition of trademark rights in China must fulfill the trademark registration procedure and implement the principle of first application. Trademark is an identification mark in industrial activities, so the function of trademark right mainly lies in maintaining order in industrial activities, which is different from that of patent right mainly in promoting industrial development.
According to the Trademark Law [1], the trademark right is valid for 10 years, counting from the date of approval of registration, and an application for renewal shall be filed within 6 months before the expiration. If the application fails during this period, a grace period of 6 months can be given. The renewal can be repeated indefinitely, and each renewal period is 10 year.
Trademark right is an intangible asset with economic value, which can be used to pay off debts, that is, transferred according to law. According to the provisions of China's trademark law, trademarks are transferable. When transferring a registered trademark, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office.
When transferring a trademark right, a trademark evaluation agency shall be entrusted to conduct trademark evaluation in accordance with the requirements of Several Provisions on Enterprise Trademark Management, and debt compensation shall be paid according to the evaluated value. But also apply to the Trademark Office for trademark transfer in time. Civil Liability for Trademark Infringement A natural person or legal person whose exclusive right to use a trademark has been infringed has the right to ask the infringer to stop the infringement, eliminate the influence and compensate for the losses.
Question 4: What does a registered trademark mean? Hello, registered trademark refers to a series of procedures in which an applicant for trademark registration applies to the trademark authority for registration of his trademark according to the procedures prescribed by law, pays the corresponding instructions, and is approved by the trademark authority.
The process of trademark registration:
1, design your own trademark.
2. Conduct trademark inquiry
3. Trademark registration
Materials required for trademark registration:
1, trademark registration application
2. Power of attorney for trademark registration
3. Copy of business license
4. If you apply in your own name, you need a copy of your business license.
5. Six copies of the trademark pattern.
Trademark registration needs to be handled at the Trademark Office of China Administration for Industry and Commerce.
You can come to Beijing by yourself or entrust an agency in Beijing to handle it.
If you are in a foreign country, it is recommended to entrust an agency to handle it, which is cost-effective, saves travel expenses and accommodation expenses, and the inquiry of the trademark agency is also free.
Trademark registration takes two and a half years. Once the registration is successful, the validity period is 10 year. This decade will not produce any fees, and there is no annual fee. But the ten-year validity period has passed, and you have to renew the trademark. Please adopt it. Thank you.
Question 5: What does the validity of trademark right mean? Trademark right is the abbreviation of trademark exclusive right, which refers to the exclusive right granted by the trademark authority to the trademark owner to protect his registered trademark by national laws according to law.
Question 6: What does registered trademark mean? Hello, classmate, I'm glad to answer your question!
Registered trademark right, also known as the exclusive right to use a registered trademark, is a relatively mature form of trademark right. It is a right determined by national laws, and it is the main object explicitly protected by national laws. Registered trademark right means that the obligee not only actually owns the trademark, but also has been recognized by the state and society according to law. Compared with unregistered trademark rights, registered trademark rights are easily protected by domestic laws and even international laws, and have the characteristics of consciousness, stability and exclusiveness.
I hope the answer from Gao Dun Online School can help you solve the problem. More accounting questions are welcome to be submitted to enterprises in Gao Dun.
Gao Dun wishes you a happy life!
Question 7: What is trademark infringement? In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks. A trademark approved for registration by the state is a "registered trademark" and is protected by law.
According to the situation you described, 100% is an infringement. If it is a small fight, the other party may not pay attention, but if the other party pays attention, it is definitely infringement;
Don't say clearly use the other party's logo. Even if you don't use its original logo, you should use a similar one. If you don't apply for a trademark, the other party can sue you for infringement.
Ps: Infringement management, I hope the landlord will be cautious; In addition, I hope my friends can help me adopt it by the way, thank you. . . .
Question 8: What is the difference between a trademark and a trademark right?
Trademark is the distinguishing sign of goods or services, the carrier of brands, and brands are the soul of enterprises.
trademark right
Trademark right is the legitimate rights and interests of trademark holders, which comes from the law. Only the holders who officially hold trademarks have trademark rights.
Shenzhen Daye Enterprise Management Co., Ltd., 1400 yuan/piece, will be asked for the registration of the sea mark.
Question 9: What does a registered trademark mean and how to register it? Hello, registered trademark refers to a series of procedures that an applicant for trademark registration applies for registration with the trademark authority in accordance with the procedures prescribed by law, pays the corresponding specifications and is examined and approved by the trademark authority in order to obtain the trademark right.
The process of trademark registration:
1, design your own trademark.
2. Conduct trademark inquiry
3. Trademark registration
Materials required for trademark registration:
1, trademark registration application
2. Power of attorney for trademark registration
3. Copy of business license
4. If you apply in your own name, you need a copy of your business license.
5. Six copies of the trademark pattern.
Trademark registration needs to be handled at the Trademark Office of China Administration for Industry and Commerce.
You can come to Beijing by yourself or entrust an agency in Beijing to handle it.
If you are in a foreign country, it is recommended to entrust an agency to handle it, which is cost-effective, saves travel expenses and accommodation expenses, and the inquiry of the trademark agency is also free.
Trademark registration takes two and a half years. Once the registration is successful, the validity period is 10 year. This decade will not produce any fees, and there is no annual fee. But the ten-year validity period has passed, and you have to renew the trademark.
Question 10: What is the difference between a trademark right and a registered trademark right? To put it simply: trademark right refers to the right to use and ownership of trademarks; Registered trademark right refers to the exclusivity, uniqueness and exclusiveness of a trademark, and is the exclusive right of a trademark. Because you are registered, others have no right to continue using it, otherwise it is infringement! The former is not protected by law, and the latter is protected by law!